Dismissed and JSA

AndyPK

I was recently dismissed from my job (wrongfully IMO) and they have given me a factual reference.

When I applied for JSA I put dismissed on my form.

They now tell me that they may stop my JSA if it was my fault I left my old job.
And they will write to me and my old employer to get stories.

What should I write down!?

I can understand there are people who don't want to work and get sacked deleberatly so they can claim JSA, but what about people like me who didn't want to get dismissed!?

Any advise welcome.

AP007

There many be some who get 'sacked deliberately' or they are others who do things wrong and get the sack.

If you have done something wrong like steal, turn up late, back chat the boss etc you know you are not going to last long and therefore only yourself to blame when you do get the boot.

AndyPK

When I said any advise welcome I didn't quite mean that !

I didn't do any of those things.

A malicious complaint was made against me.

AP007

AndyPK wrote: »

When I said any advise welcome I didn't quite mean that !

I didn't do any of those things.

A malicious complaint was made against me.

So you only got fired over a complaint? What investigation happened is any? How long had you been there?

AndyPK

Well over 2 years. I have taken legal advise.

They have pretended to do an investigation.

Anyway, back to my question if we could pls.

AP007

Back to what do you put on an form at the Job Centre?

That you were sacked and why so. The JC then write to confirm that.

marybelle01

Well, based on almost no information from you at all, it appears that the reason for your dismissal is misconduct. That normally results in a sanction. The JobCentre isn't a referee to decide on whether it was misconduct or not - that is what a tribunal is for. Sometimes they do not apply a sanction if a claim has been submitted to a tribunal, but I am afraid that is old knowledge on my part, and under the new tougher regime, I can't say whether that still applies.

AndyPK

Humm. That's useful if still valid. Although u have to pay £250 tribunal application fee and upto £900 If it goes ahead these days.

marybelle01

£950 - it's £1200 in total. Plus either you do it yourself or there's legal fees to pay too.


But I am afraid I really don't know if it still applies - it used to, but things have changed so much that I wouldn't lay bets on it. But given you have over two years service, they know you have the right to a tribunal - I suspect that they will categorise it as misconduct as that is why the employer dismissed. It'd then be up to you to challenge the employer - not the JobCentre. Being objective, absolutely everyone who is sacked "didn't do it" (the prisons are also full of people who didn't do it!). But right now the employer says you did, and that is the "official truth".

pmlindyloo

The decision as to whether you will be sanctioned lies with a decision maker.


There is some useful reading here:


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/256991/dmg-vol6-ch34.pdf


from 34075 onwards which may help you decide what to put as a reason for your dismissal.

AndyPK

marybelle01 wrote: »

Sometimes they do not apply a sanction if a claim has been submitted to a tribunal, but I am afraid that is old knowledge on my part, and under the new tougher regime, I can't say whether that still applies.

Still appears to be the case

"decision making is not waiting for other legal action to be completed, for example a court case or Employment Tribunal hearing"